– Scottsdale can’t prosecute people for being incapacitated in public because they’re under the influence of alcohol, a state appellate court said Tuesday in the latest setback for Arizona communities trying to cope with public intoxication. A three-judge Court of Appeals panel said Scottsdale’s law is pre-empted by a 1972 state law prohibiting local governments from imposing penalties for being intoxicated in public. Scottsdale enacted the ordinance to help curb rowdy behavior in the Phoenix suburb’s downtown entertainment district where there are numerous bars and clubs. More